Information Sheet Accessing my medical records - Office of the ...

Information Sheet
Information Privacy Act 2009 and Right to Information Act 2009
Accessing my medical records
This information sheet is intended to provide some guidance to applicants who
wish to seek access to their own medical records which may be held by
Queensland Government Hospital and Health Services.
It does not apply to medical records held by a privately operated healthcare
professional or facility (such as your local medical centre, dentist, or a private
hospital).
What is a Hospital and Health Service?
Recent changes to the health system in Queensland mean that public health
services are now provided through 17 stand-alone Hospital and Health
Services. The Hospital and Health Services are responsible for managing
requests for access to the medical records they hold.
Each Hospital and Health Service is comprised of numerous hospitals, clinics
and other facilities. For example, the Royal Brisbane and Women’s Hospital is
now part of the Metro North Hospital and Health Service which also includes the
Prince Charles Hospital, Caboolture Hospital and the Toowong Community
Health Centre (amongst others).
A list of the facilities that form part of each Hospital and Health Service can be
found on the Queensland Health website:
http://www.health.qld.gov.au/services/default.asp
How can I seek access to my medical records?
The Hospital and Health Service that holds your medical records should be able
to provide you with information about how to make your request.
You may be able to make your request to the Hospital and Health Service by
simply asking to access your medical records or you may be required to
complete an administrative access form provided by the Hospital and Health
Service that holds your records.
If your medical records are held by more than one Hospital or Health Service,
you may need to make separate access requests to each one.
You will need to provide evidence of your identity when you request access to
your medical records so that the hospital and health service can make sure they
are releasing your personal information back to you.
Note that access requests can still be made to Queensland Health should they
hold your medical records (or documents) you are seeking.
Right to Information and Privacy Guidelines 1

If you are unable to access your records through administrative access, you can
make an access application to the Hospital and Health Service under the
Information Privacy Act 2009 (Qld) (IP Act) or the Right to Information Act 2009
(Qld) (RTI Act).
How do I apply for access to my medical records under the IP Act or RTI
Act?
Both the RTI Act and the IP Act allow people to apply for documents containing
information. The IP Act creates a right for individuals to apply for their own
personal information. The RTI Act creates a right for individuals to apply for all
other information.
In most instances, an application for access to your own medical records will be
made under the IP Act.
Your application under the IP Act must meet certain requirements before the
Hospital and Health Service can begin processing it. This includes, for
example, providing evidence of your identity – if you are providing a photocopy
of your ID, then the copy will need to be certified by a Justice of the Peace (JP),
Lawyer or Commissioner for Declarations (C.Dec).
For assistance on how to make a valid application under the IP Act, please refer
to the OIC Information Sheet: How to make an application under the IP Act - A
guide for applicants.
If, for some reason, your medical records contain documents that do not contain
your personal information (for example, a hospital brochure or information about
another family member) then you may be required to make your application
under the RTI Act, rather than under the IP Act.
The application process under the RTI Act is similar to applying for access to
your medical records under the IP Act. However, there is an application fee 1
and processing and access charges may also apply.
Because you are still seeking access to some of your medical records that
contain your personal information, you will most likely still need to provide
evidence of your identity when making your access application under the RTI
Act.
For assistance on how to make a valid application under the RTI Act, please
refer to the OIC Information Sheet: How to make an application under the RTI
Act - A guide for applicants.
1 See Guideline – Fees and Charges
Right to Information and Privacy Guidelines 2

Will I get access to my medical records under the IP Act or RTI Act?
Yes, in most cases you will get access to your own medical records by making a
formal access application to the Hospital and Health Service that holds the
records.
However, in some circumstances, you may not get full access to your medical
records. If this occurs, the Hospital and Health Service must provide you with
reasons why they have refused access and outline your rights to seek a review
of their decision.
For further information about your review rights, please refer to the OIC
Information Sheet: Explaining your review rights – a guide for applicants.
In some cases, the Hospital and Health Service may decide to refuse to provide
you with direct access to your medical records if they have formed the view that
giving it to you directly would be contrary to your best interests because it might
be harmful to your physical or mental health or wellbeing.
For further information about this type of decision, please refer to the OIC
Information Sheet: What to do if an agency decides access can only be given
through a healthcare professional.
Where can I find information about accessing my medical records held by
a private healthcare professional or facility?
Privately operated healthcare professionals and facilities (such as your local
doctor, dentist or a private hospital) are not covered by the IP Act or the RTI Act.
This means that you cannot apply to them for access to your medical records
under the IP Act and RTI Act. However, they are covered by the
Commonwealth Privacy Act 1988.
The Office of the Australian Information Commissioner (OAIC) can provide
further information about the Commonwealth Privacy Act 1988 and also how
you can access any of your medical records that are held by a private
healthcare professional or facility. The OAIC can be contacted on 1300 363
992. Alternatively, further information is available on their website at
www.oiac.gov.au.
For additional information and assistance please refer to the OIC’s information
sheets and guidelines, or contact the Enquiries Service on 07 3234 7373 or
email enquiries@oic.qld.gov.au.
Right to Information and Privacy Guidelines 3

This information sheet is introductory only, and deals with issues in a
general way. It is not legal advice. Additional factors may be relevant
in specific circumstances. For detailed guidance, legal advice should
be sought.
If you have any comments or suggestions on the content of this
document, please submit them to feedback@oic.qld.gov.au.
Published 1 March 2013 and Last Updated 26 June 2013
Changes to legislation after the update date are not included in this document
Right to Information and Privacy Guidelines 4